Section 218 BNSS: Prosecution of Judges and public servants
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 218 BNSS at a Glance
Section 218 BNSS deals with prosecution of Judges and public servants. It replaced Section 197 CrPC on 1 July 2024. Popularly called sanction for prosecution. Section 218(1) BNSS requires the Government to decide a sanction request within one hundred and twenty days, failing which the sanction shall be deemed to have been accorded.
Section 218 BNSS Bare Act Text
(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013—
(a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;
(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government:
Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression "Central Government" were substituted:
Provided further that such Government shall take a decision within a period of one hundred and twenty days from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall be deemed to have been accorded by such Government:
Provided also that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 64, section 65, section 66, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 199 or section 200 of the Bharatiya Nyaya Sanhita, 2023.
(2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government.
(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted.
(4) Notwithstanding anything contained in sub-section (3), no Court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government.
(5) The Central Government or the State Government, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.
Source: Section 218, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 218 BNSS in Simple Words
Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies to a person who is or was a Judge or a Magistrate. It also applies to a public servant not removable from office save by or with the sanction of the Government. This applies where the person is accused of an offence alleged to have been committed while acting or purporting to act in the discharge of official duty. No Court shall take cognizance of that offence except with the previous sanction. Section 218(1) BNSS applies except as the Lokpal and Lokayuktas Act, 2013 otherwise provides. Under Section 218(1)(a) BNSS, the sanction is that of the Central Government when the person is employed, or was employed at the time of the alleged offence, in connection with the affairs of the Union. Under Section 218(1)(b) BNSS, the sanction is that of the State Government when the person is or was so employed in connection with the affairs of a State. The first proviso covers a person referred to in Section 218(1)(b) BNSS. The alleged offence must have been committed while a Proclamation issued under clause 1 of article 356 of the Constitution was in force in the State.
In that case the Central Government gives the sanction in place of the State Government. Under the second proviso, the Government concerned shall take a decision within a period of one hundred and twenty days from the date of receipt of the request for sanction. If it fails to do so, the sanction is deemed to have been accorded by that Government. Under the third proviso, no sanction is required for a public servant accused of an offence alleged to have been committed under the listed sections of the Bharatiya Nyaya Sanhita, 2023. Those sections are 64, 65, 66, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79, 143, 199 and 200. Section 218(2) BNSS applies to an offence alleged to have been committed by a member of the Armed Forces of the Union while acting or purporting to act in the discharge of official duty. No Court shall take cognizance of that offence except with the previous sanction of the Central Government. Under Section 218(3) BNSS, the State Government may by notification direct that Section 218(2) BNSS applies to a class or category of members of the Forces charged with the maintenance of public order. The class or category is as specified in the notification, and the direction applies wherever those members are serving.
Section 218(2) BNSS then applies to them as if State Government were read in place of Central Government. Section 218(4) BNSS applies despite Section 218(3) BNSS. It covers an offence alleged against a member of the Forces charged with the maintenance of public order in a State. The offence must be alleged to have been committed while acting or purporting to act in the discharge of official duty. It must also fall in the period when a Proclamation issued under clause 1 of article 356 of the Constitution was in force in that State. In that case no Court shall take cognizance of the offence except with the previous sanction of the Central Government. Under Section 218(5) BNSS, the Central Government or the State Government may determine the person by whom the prosecution of the Judge, Magistrate or public servant is to be conducted. It may also determine the manner in which, and the offence or offences for which, the prosecution is to be conducted. It may further specify the Court before which the trial is to be held.
When Section 218 BNSS Applies
- No Court shall take cognizance of an offence alleged to have been committed by a current or former Judge, Magistrate, or public servant removable from office only by or with Government sanction while acting or purporting to act in the discharge of official duty, except with the previous sanction of the Central Government for Union employment or the State Government for State employment, save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 under Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- As a proviso to Section 218(1)(b) BNSS that changes the sanctioning authority, where a person employed in connection with State affairs allegedly committed the offence while a Proclamation issued under clause 1 of article 356 of the Constitution was in force in the State, the previous sanction of the Central Government is required instead of the State Government.
- Under Section 218(2) BNSS, no Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of official duty, except with the previous sanction of the Central Government.
- Under Section 218(3) BNSS, the State Government may by notification apply Section 218(2) BNSS with State Government sanction to specified classes or categories of members of Forces charged with the maintenance of public order wherever serving, except that under Section 218(4) BNSS no Court shall take cognizance without the previous sanction of the Central Government if the alleged offence was committed while a Proclamation under clause 1 of article 356 of the Constitution was in force.
- Under Section 218(5) BNSS, the Central Government or the State Government may determine the person by whom, the manner in which, and the offence or offences for which the prosecution of such Judge, Magistrate, or public servant is to be conducted, and may specify the Court before which the trial is to be held.
Time Limits Under Section 218 BNSS
- Under the second proviso to Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Government shall take a decision within a period of one hundred and twenty days from the date of receipt of the request for sanction, failing which the sanction shall be deemed to have been accorded by that Government.Act text: “within a period of one hundred and twenty days from the date of the receipt of the request for sanction”
Example of Section 218 BNSS
When Section 218 BNSS Does Not Apply
- Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply to a public servant who is removable from office without the sanction of the Government.
- Section 218 BNSS does not require previous sanction when the alleged offence was not committed while acting or purporting to act in the discharge of official duty.
- Under the third proviso to Section 218(1) BNSS, no sanction shall be required in the case of a public servant accused of any offence alleged to have been committed under section 64, 65, 66, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79, 143, 199, or 200 of the Bharatiya Nyaya Sanhita, 2023.
- The requirement of previous sanction under Section 218(1) BNSS does not apply where otherwise provided in the Lokpal and Lokayuktas Act, 2013.
Section 218 BNSS in the CrPC (Previous Law)
Section 218 BNSS replaced Section 197 CrPC from 1 July 2024.
Section 197 of the Code of Criminal Procedure, 1973 becomes Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The requirement of previous Government sanction before a Court takes cognizance of offences committed in the discharge of official duty by Judges, Magistrates, covered public servants, Armed Forces members, and notified public order Forces is the same in both Acts, but Section 218(1) BNSS adds that sanction shall be deemed accorded if the Government does not decide within one hundred and twenty days. Substantively, Section 218(1) BNSS adds a second proviso requiring the Government to decide a sanction request within one hundred and twenty days of receipt, failing which sanction shall be deemed accorded, and its third proviso widens the list of offences needing no sanction by adding section 69 and section 71 of the Bharatiya Nyaya Sanhita, 2023. Section 197(3B) CrPC is not carried over. Renumbering sub-sections and updating the other cross-references in the third proviso are changes of form.
Each sub-section below names its own source.
FAQs on Section 218 BNSS
What happens under Section 218 BNSS if the Government does not decide a request for sanction within one hundred and twenty days?▼
Under the second proviso to Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Central Government or the State Government shall take a decision within a period of one hundred and twenty days from the date of the receipt of the request for sanction. If the concerned Government fails to take a decision within that period of one hundred and twenty days, the sanction shall be deemed to have been accorded by that Government.
For which offences under the Bharatiya Nyaya Sanhita, 2023 is no previous sanction required to prosecute a public servant?▼
Under the third proviso to Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no sanction shall be required in the case of a public servant accused of any offence alleged to have been committed under section 64, 65, 66, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79, 143, 199, or 200 of the Bharatiya Nyaya Sanhita, 2023. Previous sanction is also not required where otherwise provided in the Lokpal and Lokayuktas Act, 2013.
How does Section 218 BNSS apply to members of the Armed Forces and Forces charged with maintaining public order?▼
Under Section 218(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no Court shall take cognizance of any offence allegedly committed by a member of the Armed Forces of the Union in the discharge of official duty without previous Central Government sanction. Under Section 218(3) BNSS, the State Government may by notification apply this rule with State Government sanction to specified Forces maintaining public order, subject to Central Government sanction during a Proclamation under clause 1 of article 356 of the Constitution under Section 218(4) BNSS.
What powers does the Government have under Section 218(5) BNSS over the conduct of the prosecution?▼
Under Section 218(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Central Government or the State Government may determine the person by whom the prosecution of a Judge, Magistrate, or public servant is to be conducted. The concerned Government may also determine the manner in which the prosecution is to be conducted, the offence or offences for which it is to be conducted, and may specify the Court before which the trial is to be held.
What changed in Section 218 BNSS compared to Section 197 of the Code of Criminal Procedure, 1973?▼
From 1 July 2024, Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 197 of the Code of Criminal Procedure, 1973. Section 218(1) BNSS adds a new second proviso requiring the Government to decide a sanction request within one hundred and twenty days of receipt, failing which sanction shall be deemed accorded. It also recasts the Explanation listing offences that need no sanction as a third proviso citing sections of the Bharatiya Nyaya Sanhita, 2023, and that list is wider, because it includes section 69 and section 71 of the Bharatiya Nyaya Sanhita, 2023, which had no counterpart in the Explanation. Section 197(3B) CrPC is not carried over, and the remaining sub-sections are renumbered.
Section 218 BNSS: Sub-sections Explained
Section 218(1) BNSS: Prosecution of Judges and public servants
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Bare Act Text
(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013—
(a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;
(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government:
Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression "Central Government" were substituted:
Provided further that such Government shall take a decision within a period of one hundred and twenty days from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall be deemed to have been accorded by such Government:
Provided also that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 64, section 65, section 66, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 199 or section 200 of the Bharatiya Nyaya Sanhita, 2023.
Section 218(2) BNSS: Prosecution of Judges and public servants
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Bare Act Text
(2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government.
Section 218(3) BNSS: Prosecution of Judges and public servants
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Bare Act Text
(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted.
Section 218(4) BNSS: Prosecution of Judges and public servants
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Bare Act Text
(4) Notwithstanding anything contained in sub-section (3), no Court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government.
Previous Law
CrPC 197(3A) → Section 218(4) BNSS
Section 218(5) BNSS: Prosecution of Judges and public servants
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Bare Act Text
(5) The Central Government or the State Government, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·